chaplain for? talk to the counselors. >> thanks to everyone who responded. "fox & friends" starts right now. >> bye. good morning. it's tuesday, may 13. i'm elisabeth hasselbeck. the white house told him to lie. that's the claim in timothy geithner's new memoir but now the former treasury secretary doesn't believe his own book. we're going to dissect the web of lies straight ahead. >> and he was the iconic voice of the america's top 40, but this morning. casey kasem isç nowhere to be found. the frantic search for the ailing radio star intensifies on this tuesday. where is casey? >> and no love in this elevator. beyonce's sister kicking and throw hay makers at rapper jay-z.

what caused her to flip out on the hip-hop mogul. i don't know, but i'd like to. mornings are better with friends. watch this. >> hi. this is brookland decker and you are watching "fox & friends." >> she went on from that voiceover to marry andy roddick and lived happily ever after. >> i wonder if theç connection from toba the audio guy who picks those is the video of beyonce's sister trying it deck her. deck him. >> we've got to find out what happens. there is an explosive story caught on tape shows you there's cameras absolutely everywhere. >> we're on camera right now. good morning. >> let's talk about timothy geithner's book, the latest former obama acolyte says i'm out, don't call me anymore because i'm writing a book.

>> he recalls that the white house wanted him to lie, mislead the public before he went on the that sound familiar? to discuss actually social security. so look at this. he's talking about dan pfeiffer's urging him to present the issue that it wasn't the reason for the deficit. he says, quote, i remember during one roosevelt room press session before i appeared on the sunday shows, i objected when dan pfeiffer wanted me to say social security didn't contribute to the deficit. it wasn't a main driver of our future deficits but it did contribute. pfeiffer says the law was a dog whistle to the left, a phrase i never heard before. he had to explain that phrase was code for the democratic base signaling that we intended to protect social security. >> oh man, this is big. a member of the administration admitting in their memoir that comes out today thatç the white house told them to go out and lie. as soon as this headline hit the fan, a close source to timothy geithner says timothy does not believe he

was encouraged to go out and mislead the public. really? so you're not supposed to believe the things that he wrote in his book. >> and quoted. >> look, he wrote the book. he remembered it so well, he threw in the stuff about the dog whip. >> anyone who has written the book understands there are many rounds of edits. you look at that a few times before it hits the press. >> weç watched timothy geithner through the most harrowing times in modern economic history trying to explain himself, his moves and some of the things he had nothing to do with and some of his exact policies. you have to wonder, he's one guy you could always look at and i think to myself someone has him scared to death, even when we were over the crisis, he gives that demeanor of someone who is scary. >> he's not a politician. >> right but he always looked like something terrible is about to happen. when it was said i need you

to show emotion, he was not comfortable. here is what he quoted in his book. she handed me the text and i skimmed the outrage i was expected to express. i'm not very convincing as an angry populist. i'm not doingç this i said. instead i sat uncomfortably next to the president while he expressed outrage. what was he talking about? expressing outrage that a lot of officers were getting bonuses in a time of crisis. >> he said america was furious about the overpaid bankers. stephanie cutter wanted us to show we were on the backside of the backlash but they had no legal authority to confiscate the bonuses paid during the boom. knowing the truth, yet pausing and saying i can't deliver this sort of upset. do you it, buddy. >> let us review what weç have learned today. tim geithner has written a book. what he has revealed is the white house told him to tell a lie when he went out

on the sunday morning chat shows. that sounds exactly what we learned about two and a half weeks ago that susan rice was told to go out there and spread that lie. the administration knew it wasn't a there and say it was a video even though we knew it was an act of terror. charles krauthammer, a doctor, says this administration has a problem. they lie too much. >> this white house has an arm's length relationship with the truth. you could argue that all administrations do. but here you get the idea that it's less than arm's length. it is actually a clearly manipulative relationship¿ with the truth that it is to be used or abused or inverted in order to, quote, send a message, to send a dog signal. everybody knows that social security is in deficit. the treasury makes it up. and, therefore, it contributes to the deficit. geithner knows that, and, therefore, he wasn't prepared to say an outright

lie, an obvious arithmetic lie. >> timothy geithner comes out and writes his book and now before the book is out 24 hours he is denying what's in it. we haven't gotten to theç point where glenn hubbard, a key romney economic advisor, told him he planned on raising taxes once he got into offices. he said of course i'm going to raise taxes. glenn hubbard came back and says i never said that. again, these are quotes. he didn't say i talked to him and then -- he gave us a paraphrase. he's quoting himself exactly. >> americans deserve the truth. and ultimately we were promised transparency from the president. this is 2008. >> i have a track record of transparency. i'll make our government open and transparent. we'll do it in a transparent way. i want transparency. i want accountability. so that the american people can be involved in their own government. let me say it as simply as i can.

transparency and the rule of law will be theç touchstones of this presidency. this is the most transparent administration in history. >> really? >> that's great to hear him say. unfortunately the facts don't seem to support that, mr. president. let's just take a look at a number of this administration's officials who have misled the public. we start with, of course, susan rice. she appeared on those sunday shows where she said that it was a video even though the administration knew that it was terrorism. hillary clinton as secretary of state referenced the video as the cause behind the benghazi attack. and we know that she spoke to the president at 10:00 that night. >> james clapper claimed there was noç program to collect information on american citizens; again something that we found out differently there. then the attorney general right here, we have this surveillance, the claim by the republicans. he said he knew nothing about it. the potential prosecution of the press. he didn't know. eric holder. >> then of course we have the president of the united states saying if you like your plan, you can keep your plan.

then later said i probably shouldn't have said that. it's hard to know what's going on. instead of a dog whistle just say things. say i want to tell the democratic base we are not going to touch social security. you don't need a dog whistle. just say that is what we're going to do. experts say of all the entitlements social security is the easiest to fix. we don't fix anything. we don't take care of entitlements and we certainly don't take care of social security. >> perhaps theyç have a different definition of transparency. >> you look at all this stuff, i think to this administration the truth is not important. getting reelected was. however, going forward, if i was like bob schieffer or chris wallace and ran a sunday morning talk show, i think i would want to have a lie detector on everybody who sat on the show from this administration. >> you should be personally offended if someone lies to you? >> as americans, we expect the truth from our government; right? shocking. >> if someone told you they remember told to lie and denies they wrote in the

book, i don't know where to start with that. that's why i'm turning over to heatherç nauert. >> she tells the truth. >> good morning, guys. serious news out of west virginia. it happened overnight. we start with a fox news alert. right now rescue teams are searching for two trapped miners after an underground coal mine collapses in west virginia. it is not clear what caused that collapse but we know the last safety review in twitter of -- in 2013 of the boone county mines had reports concerning the miners safety and health. families are at the mine at this hour awaiting more information. another fox news alert. brand-new evidence of another scandal at yet another v.a. hospital. this time in durham, north carolina. two workers there were just placed on leave for improperly manipulatinh the scheduling data. that's what they're calling it right now. this comes amid troubling allegations that a v.a. hospital in phoenix where 40 veterans died while they

remember waiting for similar treatments. another incident was reported last week in wyoming. >> this is not a game. this is life and death. this is dead real. and this is what we make a commitment to the people that defend us every day. >> there have been a lot of calls to the veterans administration secretary eric shinseki to step down but the white house continuing to stand by him. >> caught on camera, aç massive explosion blows the front off a house in new hampshire. this blast coming moments after a police officer was shot and killed while he responded to a domestic disturbance call at that house yesterday. police believe that the suspected gunman, 47-year-old michael nolan, may have been killed in that blast. nolan lived in that duplex with his father who was 86 years old. it is not known if he was home at that time. one other person was taken to the hospital with injuries. a bizarre story out of california. the radio legend casey

kasem is missing say his children. a judge is ordering an investigation into his disappearance and now appointing the 82-year-old daughter as his temporaryö conservator. >> my dad was snapped out of the facility. >> this is a part of a long running court battle between his children and their step mother. they're fighting over access to their father who suffers from advanced parkinson's and can apparently no longer speak. it is believed he might be at an indian reservation in washington state. those are your headlines. you read the tabloids, that is a story you read about a lot, the family problems there. >> that was heather nauert. let me tell you what's coming up straight ahead withç us. a mom taking care of her disabled son being forced to unionize, but she's fighting back. up next, the supreme court

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so start your day off good with a coffee that's good cup after cup. maxwell house. ♪ good to the last drop a case before the u.s. supreme court could have an impact on every employee's union in the nation. pam harrison, illinois mother who cares for her disabled son at home, is fighting to stop the seiu union from squeezing money from her son's social security check. the supreme court must now decide whether forcing families like this one to unionize is legal. fox news contributor mallory factor, "the new york times" best-selling author and he's got a book out called "shadow

about government employee union, joins us to weigh in on this. good morning to you. >> good morning. this is a troubling case because it is about two moms who were forced -- these are mothers not in unions but their children had disabilities and to take care of them and get federal money these mothers had to unionize. they said that is a load of crap and they sued the government. >> one of the moms i met, susie watts, she takes care of her daughter who is a quadriplegic. she's had over $5,000 automatically taken out of her medicaid payments by the unions. automatically taken out, and she's been told if she wants to get medicaid payments to help take care of her quadriplegic daughter, she has to pay the seiu, the old union that president obamaç was an organizer for. >> sure. why is this one of the biggest labor decisions in a long time? >> if the supreme court rules for the workers and tells the workers that they

don't have to pay a union to keep getting government payments, all of a sudden the unions are going to have to work to get people to join them. they're not going to be able to take the money out ought mat khreufplt >> one of the -- automatically. one of the things about this particular case where these home health care employees, essentially the mom, is an employee of the government, even though she child, is that it's not the union that dictates exactly how things happen. it's the disabled person. so that makes it different than the regular union situation. >> what they've done is they've come up with this fictional kind of company which pays the person, and it's a government company. and this is how they're able to unionize all these home health care workers. what the unions want to do, what the shadow bosses really want to do is they want to be able to unionize the 21 million health care workers that you're going

to have under obamacare, and that will be billions of dollars to the unions, a private organization. >> sure. the way you've depicted it, it sounds like it was a dumb rule to start with, but it isúhhnging in the balance by one vote and extraordinarily the one vote is a conservative who normally you would think would not be for this. >> it appears. we don't know what goes on inside the supreme court, but justice scalia appears to be torn on this one because the fact is that he believes strongly in states rights and he wants to give the states the rights to make these decisions as opposed to have a broad decision. in this case a conservative justice may be the union's best friend. >> let's see what they do over there on capitol hill at the u.s. supremeç court. mallory factor, always a pleasure to be with you. thank you, sir. thanks for coming up from charles top. 18 minutes after the top of the hour. coming up, the devil tried making it to harvard but

got the boot instead. a big update on that satanic mass that was supposed to happen last night. it didn't. a football coach's life lessons captures the hearts of america in an oscar-winning movie. >> you think football builds character. it does not. football reveals character. >> not only did bill courtney build a team from nothing; he did the same with his business and now it's worth $45 million. he's going to share the secrets you need to know straightç ahead, live from new york city. ♪ ♪ [ female announcer ] with weight watchers, you can eat this, ♪

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welcome back. time for quick headlines for you. the sudden death of a north carolina democratic candidate rocking the community there. keith crisco, a congressional candidate died after a fall inside his home. the 71-year-old had been locked up in a too close to call primary battle with former american idol star clay aiken. this is the biggest discovery since 1492. one exploreer he found christopher columbus's long lost ship the santa maria. the ship wrecked more than 500 years ago off the coast of haiti. brian was just talking about that. you're a prophet. >> meanwhile, leading a team to success on and off the football field is about more thanç x's and o's. >> you're down 20-0. you come back from that, now you're talking about something. >> 1:03 to go. >> you think football builds character. it does not.

>> he's going to throw it. he holds it. >> football reveals character. >> joining us is the man behind that oscar winning documentary "undefeated" author of the book called"against the grain: a coach's wisdom on character, faith, family and love," bill courtney. how have you taken what you've done on the footbpl field to a different school and how did it help you build your business? >> the 30,000 foot view is this. we can be inclusive and forward-thinking and open minded without abandoning the core principles that got us here in the first place, and those core principles that built that football team are the same principles that built my family and built my business. >> and you've had success all around. let's break it down as best we can and people get the book and find out more. what do you think of hard work? >> i think we have developed this entitlement mentality in a lot of different places and not just in the entitlement

among those disadvantaged among us, but there's an entitlement among the wealthy, an entitlement among the affluent. this entitlement that these kids learn strips them ofç the dignity they get from a hard day's labor. >> if you don't have money, it's somebody's fault. if you have a lot of money, i don't need to do that? >> i think they're equally disturbing because of the lesson it teaches our kids and because it takes away the dignity you get from looking in the mirror at the end of the day and saying i earned that. we've got to get back to teaching the importance of that dignity in our lives. >> take pride in what you do. search for civility. it's easy to have civility when you're up 20-0 or about to win a championship. when you'reç down, how does that confer? >> how we treat those we opposed says more about us than even our own opinions do. we have to search for a civil attitude so that we can find commonality and

come together. frankly, business, sports, society, family but that may be the best for the folks in d.c. >> you also -- that's absolutely true, the nation's capital. you say grace appears in a forgiving heart. what do you mean by that? >> i mean that so much of what keeps us back can be our own anger, our own desire to get back at someone that wronged us. there's difference in a pardon and forgiveness. everybody has to answer for what they've done. but forgiveness is bestç for the forgiveer because you're allowed to get rid of all that angry feeling you have toward another person. we have to get back to being civil and being forgiving so we can move on and find commonality. >> because if you hold that grudge, you're wasting your time. you're wasting your energy. >> it's hurting you worse than the person you're not forgiving. >> we just scratched the

surface of some of the wisdom that led you to a very lucrative career. thanks so much for coming in today. great to see you. >> thanks. good to see you. >> straight ahead on this show, no loveç in this elevator. what caused beyonce's sister to flip out on the hip-hop mogul? we got that story. the i.r.s. says they need more money for taxpayers. maybe it's because they just spent $100 million on new furniture. stuart varney fuming about this one. sure he has $100 million in his office but he's doing varney. first happy birthday to darius rucker. he used to have blow fish with him. now he turns 48 all alone. ♪ ♪ what does that first spoonful taste like? ♪

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welcome back. it's your shot of the morning. haagen-dazs is setting up shop on our plaza in honor of free cone day. >> my favorite day of the year. >> and of course with an inside scoop, maria molina. >> good morning, steve, elisabeth and brian. happy tuesday here. it is free cone today. joining me this morning is rob shell, you are director of franchise for haagen-dazs. thanks so much for joining us this morning. why is today free cone day? >> we do free cone day as kind of a give back to our customers. we do it every year on the second tuesday in may.

>> you are debuting two new flavors? >> two new gelato flavors at haagen-dazs shops. theç carmelized banana chip and tiaramasu. >> i can give a preview of what it tastes like. this is tiaramusu. very, very good. the other flavor? >> carmelized banana chip. >> this is what it looks like, everybody. very good. what times can people go to the stores? >> today from 4:00 p.m.ç to 8:00 p.m. at over 170 participating stories in 27 different states. >> lastly, 200,000 cones were given away and you're trying to break that record. >> this year we're

determined to break it. come on by any haagen-dazs shop. find your nearest location at our hag again dozen facebook page. search under the locator or haagen-dazs.com. >> let's look at the weather conditions across the country because if you live across the southeastern united states you will want to get a scoop of ice cream. we do have very warm temperatures ahead of a cold front. right now it is producing areas of rain anywhere from texas up into the state of illinois. there even is a flooding concern especially acroác parts of texas where many areas could be seeing over six inches of rain. we have a number of flood watches in effect across parts of the southern plains. tomorrow severe weather possible from mississippi up into parts of ohio. large hail, damaging winds and tornadoes possible. take a look at the highs today. we mentioned it is going to be warm across the southeast united states. in raleigh, north carolina, your high today 93 degrees. it is going to be a toasty

one. get some ice cream. behind that front on the cool side. >> maria on the streets. maria, we'll take threeç tiramasu to go. >> if i leave you any. >> from the scoops out on the streets of new york city to the scoop of the news. >> good morning. we're talking about the phers -- mers virus. hundreds of people in the united states could be at risk after a second case of the deadly mers virus is discovered here. a man in florida is being treated for the deadly illness. this case and one coming out of indiana are believed to be connected to saudi arabia. doctors say neither case is severe but they are warning an estimated 500 people who were on flights with two of those patients to be on the lookout for them.ç murderers, sex

offenders set free while waiting to be deported. the center for immigration studies looked at this and say the convicts were released last year and it slams the obama administration for freeing thousands of convicted criminals, some who were waiting the outcome of their cases. the immigration group says more than 36,000 convicted criminal aliens were turned loose in 2013. yesterday we told but this story and here's an update for you. good wins over evil on the campus of harvard university. a student group planned satanic mass was canceled followingç outrage from religious and educational leaders. members from the cultural studies club claimed they wanted to move the mass but couldn't find a new location. christian students say they're glad it was called off and still can't believe the college would allow this in the first place. listen. >> i'm just ashamed that in an environment that's otherwise committed to intellectual freedom but also to civility would be

allowing such a hateful event to happen. >> the group claims that the mass was a historic reenactment and that it was meant to be educational. okay. beyonce and jay z all smiles sitting court side tenets game last night -- at the nets game last night hours after video wasç released showing solange attacking jay z in an he elevator. you can see her as she punches and kicks jay z as a bodyguard tries to hold her back from him. at the end of the clip beyonce pulls her away. this went on for three and a half minutes. the celebrities haven't spoken out yet but the standard hotel where this happened blasted the person who released this video saying they're shocked and disappointed. it is a clear breach of our security system. there were a lot of fists flying in that elevator. somebody very upset about something. >> stuart, can you tell us what happened with thatç

video? >> no, i cannot. >> fine. thanks for coming by. >> let's talk about this. there is another nightmare at the i.r.s. a new report shows the aiming is i spent nearly $100 million on office furniture over the last five years. >> the i.r.s. is asking for even more of your money for its budget next year. stuart varney, what do you think about that and how is that possible they can be asking for more money by throwing it out on furniture. >> $100 million for office furniture since 2010 does sound a little obsessive. >> everybody's already got chairs. >> maybe taxpayers are a little hard on the furniture when they go to the eurps -- i.r.s. office but it is more thanç was spent on furniture during the entire eight years of the bush administration. this is another black eye for the i.r.s. this is an agency which gave $2.8 million in bonuses to people who have not paid their own taxes. this is the agency where

lois lerner is in contempt of congress. this is an agency that wants another $1 billion to police obamacare. this is the agency which brought in an extra $132 billion, the latest seven months of this year, $1.2 become is what they want extra. >> theç lack of funding has made it difficult to provide the service taxpayers deserve, a quote. >> government is not efficient. government does not work efficiently. bureaucrats create bureaucracies which work very inefficiently and spend money. they have a voracious appetite for money and spend it on things like $100 million for office furniture. >> jack lew said they need $100 million to crack down on conservatives. he didn't say that. i'm adding.

right now the federal government hats seen so much money come in, they've got more money than they know what to do with. actually they'll spend it. nobody is talking about that. >> in the lastç seven months the i.r.s. brought in an extra $132 billion compared to last year. the taxpayer clearly doing their part to get that deficit down. the i.r.s. spending it on stuff like $100 million worth of furniture. there is a link between the two. >> that is not responsible. certainly why in that harvard poll you saw young people saying they lost faith in government agencies. stuart varney we will be watching you at 11 a.m. probably more on this? >> i shall check on that. >> thanks for being with us. >> still ahead a texas gun dealer under fire for this sign, but he's got a messagehfor his critics and that's coming up next. >> our military considering the first chaplain who doesn't believe in religion or god. do we really need someone to represent atheists? judge napolitano surely is

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likes his voters undocumented. he then said it was a joke. he put the sign up supporting the texas gun policy that does not require firearm registration. elisabeth, over to you. >> an atheist group is demanding an atheist chaplain in the military. they claim as more atheists ep list they -- enlist they need somewhere to go for support. is the d.o.d. being politically correct? fox news judicial analyst judge andrew napolitano on that. this isn't the first time this has come down. i think it'qç 3.6% of those in the military identify themselves as being atheist. how will this play out? >> i'm not surprised that people are asking for this, but it is surprising that the mr. dodd: is -- that the

department of defense is considering this. they have more things to do than to figure out how to provide a chaplain for an atheist. a chaplain is provided for major and minor religions for people who believe in god and who need religious services because their heart and morality tells them so or the religion to which they belong requires it. atheism isç not a religion. it doesn't fit within any of the definitions for federal statutes or for circumstances under which the federal government has to provide this. this is political correctness gone crazy. >> this is about the 14th amendment then. how does that play in? >> the atheist group argued a clause in the amendment called the equal protection clause which says the government has to treat similar people in a similar way somehow forces the defense department to provide chaplains for atheists. the 14th amendment regulates states, not the federal government.

and the part of the constitution that talks about rights the federal government has to recognize has exceptions in there for the military. understanding, as the framers did, that when you join the military, youç give up certain rights. >> we've seen those reins loosened. is this a trend? >> we've seen the reins loosened. there are circumstances under which you can have beards. there are circumstances under which you can have long hair. there are circumstances under which you can have tattoos. but the concept of a chaplain for an atheist, if someone needs counsels, it's there. if someone needs a support group, it's there. i don't know what this chaplain would preach since atheists don't believe in god. >> is this an attempt to remove a chaplain of a religious group that is larger? >> i think it isç an attempt to make the military seem more soft and cushy. i think in ten years we'll be laughing at this.

>> right now it is just under 4% of those that identify as such. if that grows indeed, will they be forced in a way to have a chaplain? >> no. the congress would have to change the laws in order for the atheists in the military to force the military to provide them with chaplains. >> this meeting today is not going to put forth -- >> this meeting today is really an effort by the brass of the military, the civilian brass of the military, secretary hagel and his people, to keep the lid on complaints. i don't think theç complaints are loud and i don't think they're going to come long and i don't even think they're serious but i think he wants to nip them in the bud by talking to these people. it doesn't hurt to talk but it would be absurd to have the federal government spend money to have people preach about atheism. >> interesting perspective. coming up, meet the mayor, brian says.

who says this? take your godless ceremony elsewhere. forget everything you've heard about fatty foods.ç they're actually good for you. the delicious details going to change your life forever coming your way. ♪ ♪ ♪

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forget everything you heard about fatty foods. can butter, cheese and heavy meats actually be good for you? our next guest says yes and that's why she's here. >> that's right. she spent near low decades studying the positive effects of

fatty foods and details it in "the big fat surprise." she joins us now with such great news. so please explain, this is great. we have some comparisons here. why is that good for you? we keep hearing it's not. >> we've been living for 50 years with the low fat diet and the problem is that when you reduce fat, you increase carbohydrates. we eat 25% more than we did in the early 1970s. your body needs fat to be healthy. and the main thing we've been told is that saturated fats are bad for you, that saturated fats and meat and butter and cheese are bad for you. but that all goes back to one scientist in the 1950s who thought fats caused heart disease -- >> one scientist? >> it was one scientist. in the face of the nation's fear of heart disease, he came up with the idea that it was saturated fats that caused heart disease. he got that idea implanted into

the american heart association and the rest is history. >> let's fast forward to today. as people think about what they should eat, should they have the bagel or bacon and eggs? according to the conventional wisdom, you don't want all the cholesterol and fat in the eggs and bacon. >> right. so this idea became so ingrained that we just feel like it's common sense. how could that possibly be good for you? and the reality is that that contains saturated fat, yes. but the evidence against saturated fat has really dissipated, disappeared, and it is no longer -- >> so we choose the egg? >> you choose the egg. >> and the bacon? >> over the bagel? >> over the bagel, which is empty carbohydrates. >> brian will kick the bagel out. >> here you go. >> you can give it away. >> what about at lunchtime? if you had the choice between a green salad or egg salad, conventional wisdom says go with the green salad. >> but you should go with the egg salad even though it's high in cholesterol, the cholesterol in egg does not translate into cholesterol in your blood.

that has been known since the 1970s. >> so it's good for you without the bad effects that everybody thinks it has? >> it's good for you. eggs also contain a loft nutrients -- lot of nutrients. so eggs are really nutrient dense and really good food. >> a lot of people eat the egg white. >> all the nutrients are in the yoke. they're missing it. >> the questions are getting hard. carrots, pita versus heavy meats and cheese. >> this is the most counter enduretive. everyone would choose hummus. bread is high in carbs and carrots and pita. carbohydrates in your blood become glucose, which triggers insulin, which is the king of all hormones in storing fat. zero in that up with. will and also a lot of nutrients. >> right.

down here at this end we've got butter and steak and sausage spatties versus the low fat yogurt. you say steak wins by a mile. steak and butter. >> steak is really rich in nutrients. it has good fats, the same is true of butter. what happens with low fat products is when you take the fat out, you have to put something in to replace all the texture -- >> they put sugar in. >> they're putting carbohydratessed based, almost always sugars. a serving of this is like having a snicker's bar worth of sugar. >> wow. >> is there a limit to the amount of fats? i'm thinking what are the guideline when is having this type of fatty food? >> leave the butter. take the yogurt. >> is there a limit in a day? could you have all of this? >> you could have all of this in a day. the best, most rigorous scientific trials over the last decade show that a higher fat diet is healthier than a low fat diet in terms of your diabetes, heart disease, and obesity, hands down.

definitively that's been shown. >> should you be worried about cholesterol if you're not doing the low fat and suddenly you're eat ago lot of cholesterol? >> again, the cholesterol in food does not translate into cholesterol in your bloodstream. >> i like that. >> good news for everybody out there. >> so fatten up, america. we showed you how. >> we're getting a bunch of thank you tweets and e-mails. >> that's the good news. it's just that you don't have to feel guilty about eating those foods. >> thank you very much. real pleasure. >> thank you. >> coming up straight ahead. >> another day and another veteran affairs hospital called out for delaying health care to our nation's heros. where is the president on this one? didn't he promise to fix that problem? >> then just call this a royal hoax. >> who is this guy? >> we had a bunch of different dairies. >> one was an actor. one was an athlete and the other one was prince harry.

>> look at that. the single ladies all vying for prince harry's heart. but that's not really prince harry. who is he? that's straight ahead. we're feeding him a steak o'clock. >> first timothy geithner's book and now this. et...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to manage your ra, now may be the time to ask about xeljanz xeljanz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz is an ra medicine that can enter cells and disrupt jak pathways, thought to play a role in the inflammation that comes with ra. xeljanz can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections andancers have happened in patients taking xeljanz.

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amazing sales! he brings his a-game! la quinta inns and suites is ready for you, so you'll be ready for business. the ready for you alert, only at laquinta.com! la quinta! good morning. it's tuesday, may 13. i'm elisabeth hasselbeck. we start with a fox news alert. a race against the clock. at this hour, rescue crews are trying to reach coal miners trapped underground in west virginia. those breaking details straight ahead. and it's the iconic voice we all know. >> thank you and hello again, everybody. welcome to america's top ten. >> but this morning casey kasem is nowhere to be found. the latest in the search for the ailing radio star. and ladies, do you want to marry prince harry? >> who is this guy? we had a bunch of different theories. >> one was an actor, one was an

athlete. and the obvious one was that he's prince harry. >> it's a new dating show and that guy looks like prince harry. but it's not him. these single ladies are in for a royal surprise. oh, boy. that's going to be great because tuesday mornings, always better with friends. >> this is darius runninger and you're watching "fox & friends." >> elisabeth, when you were playing football, darius rucker co-hosted the show. you remember that? >> i do remember. >> he wanted us to join the blowfish and go on the road with him and i said no, we're going to stay here. it was a good move for us to stick around. >> i think so. he also was a welcome voice on my first day. i love that. >> he welcomed you to the show. >> yes. >> listen, today as we welcome you to the 7:00 o'clock eastern time hour of the "fox & friends" program, we got troubling news to tell you. it sounds like the white house, every chance they get, if they

need to, they lie to us. that guy right there, former secretary of the treasurer, tim geithner. says in a new memoir that comes out today that he essentially was told by the white house to go out there on tv on the sunday chat shows -- sounds familiar -- and lie. here is a quote, it says i remember one prep session before i appeared on the sunday shows. i objected when dan pheiffer, communications director, wanted me to say social security didn't contribute to the deficit. it wasn't a main driver of our future deficits. but it did contribute. pheiffer said the line was a dog whistle to the left. phrase i had never heard before. he had to explain what the phrase was. it was code to the democratic base signaling that we intended to protect social security. so there you got dan pheiffer saying okay, tim, go out there and lie on tv. >> right. a source close to geithner actually said he doesn't believe that he was encouraged to go out and mislead the public, even though he's writing about it in this book on multiple occasions.

going to 2009 that he indicates that stephanie cutter, a democratic strategist and in charge of communications messaging, he tells a story there of how she handed me the text and i skimmed the outrage i was supposed to express. i'm not very convincing as an angry populous and i thought it would look ridiculous. i'm not doing this, i said, and i sat uncomfortably next to the president while he expressed the outrage. there he's referring to americans being furious over the fact that bailouts were -- >> that was the president doing the fake outrage. >> the president said how outraged he was when ce oh,s were getting bonuses after the bailout. everybody is -- it's unbelievable, he wrote the book and is walking back the quotes in the book that one time he

accused mitt romney of saying we're going to raise taxes if elected and he said i never said that. the book has been out a day and everything that's interesting in it, he denies is in it, even though he wrote it. how unbelievable is that? steven hayes weighed in. >> every administration from every political party engages in spin, but the entire point of spin to a certain extent is to avoid saying something that is outright false. but we've seen the administration say this, whether it's you can keep your plan, when the white house had studies show people wouldn't be able to keep your plan, whether it was the benghazi talking points saying the white house didn't have any substantive rule, or the obama administration political team didn't have any sub santel role. we know those things were not true and if geithner is right in the way he recall this is in his book, this would be add to do that list. >> absolutely. when tim geithner writes, i believe that he remembers it that way, the fact that a source close to geithner now is

spinning it and they're trying to parce the words, it reminds me of, well, that depends on what your definition of is is. i'm surprised that jay carney yesterday, came out and said we didn't tell him to lie. i'm surprised he didn't say dude, that's so six years ago. >> you remember everything because there is quotes around it. >> what difference does it make anyway? this is not the first book that's come out indicating there is a lack of transparency in this administration. bob gates' book indicated the same thing with i believe wording when it came to an opaque administration, their control over messaging. >> he said -- in all the administrations he worked in, prior to nixon, he says it's the most controlled centralized messaging that he's -- administration he's ever been a part of. >> the editor of the "new york times" says the same thing. so when we see the geithner information on top of the ben rhodes e-mail that they tried to get susan rice and she willingly

went along and lied on sunday chat shows, it's disappointing. meanwhile, are they lying about what's going on at the v.a.? there is more trouble at the v.a., disarray at the v.a. two employees in durham, north carolina, have been placed on administrative leave because apparently they, too, falsified records between the years of 2009 and 2012. they're now audited. >> phantom appointments that didn't exist, possibly for the same thing, to get incentives, to act as if they're efficient when they're not and the actual veterans are paying the price by not getting care. >> and trying to look good at the front office here, they're making them wait months and months, possibly leading to the deaths of many. anything over 14 days is required to be put in writing. we're seeing all these falsified records there. when you see jay carney, though, really indicating that the president still has such confidence in general shinseki, who is at the head of the ship

here, it makes everyone sort of raise a brow. >> the president remains confident that secretary shinseki is focused on this matter and he's confident in secretary shinseki's ability to lead the department and take appropriate action based on the findings. >> okay. so we're going to have to wait 'til the i.g. comes out. it's a mess right now. we know that. they had two sets of books and it was just to make them all look good. i was looking in the arizona republic newspaper this morning. there is an item that says that in phoenix, i want to say he's 87 years old. 87-year-old vet who is alive to this day, he was waiting for the v.a. to call him back for his hospital appointment, so he called 911. the only reason he's alive is because the locals came and picked him up. the republican congressman from the great state of illinois, he's in the national guard. he was an iraq war vet. he is horrified by the way that the v.a. is treating our american heros.

>> this is not a game. this is life and death. this is dead real and this is what we make a commitment to the people that defend us every day. look, not only do people need to be suspended, not only do they need to be fired, we need to talk about who needs to end up in jail over this. >> that's real outrage there. that should be coming from the white house, should be coming from jay carney when our veteran s who risk their lives come back, only to die in some secret waiting list. no faux rage from convincinger there. we hope to see real solutions moving forward. >> we need whistle blowers to come forward and talk about what's really going on or else everyone seems to be covering their butts and hope their name doesn't get called. meanwhile, heather nauert, tell us what else is happening. >> good morning. big news out of west virginia. a lot of folks want to hear about it. fox news alert, right now there are rescue teams searching for at least two trapped miners after an underground coal mine

collapses in boon county, west virginia. at this hour, families gathered at the gate of the mining complex as they await information on the miners who work at the brody mine. it's not clear what caused the collapse just yet. the last safety review which took place in 2013 discovered about 250 violations concerning miners' health and safety. this happening overnight about 10:30 p.m. eastern time. we'll keep you posted as we get new information in this morning. in the meantime, a rutgers university quarterback arrested and now facing up to 20 years in jail in connection to a brutal bar fight in minnesota. philip nelson has been charged with first degree assault for beaing a 20 yearly in critical condition. surveillance video shows kolstad hitting the quarterback in the back on certified. no word on -- saturday night. no word on what prommed that. his voice heard on the air for decades. >> thank you and hello again,

everybody. welcome to america's top ten. >> this morning, casey kasem's children say he's missing. a judge ordering an investigation into the radio legend's disappearance. he also appointed the 82-year-old's daughter as his temporary conservator. >> jean kasem moved my father to hide him from his family and friends. >> she referred to jean. that is the stepmother. there is a long-running court battle between his children and their stepmom. they're now fighting for access to their father who suffers from advanced parkinson's disease and can no longer speak. the children believe he may be at an indian reservation in washington state. this story is for us. you ever get tired of all the rants and tweets on twitter? there is a new feature that may fix that problem. there is a nitwitter mute button and allows users to silence their friends and others without unfollowing them. the people you know won't know

they're silenced. their tweets will vanish from your time line. you can unmute them at any time. those are your headlines. a great feature to have. >> especially if you do a morning show and people out there in tv land write something appropriate or inappropriate. inappropriate, you can get rid of. >> yeah. >> tweet us now if you think you deserve to be muted. >> did you just mute me? >> yes, i did. you kept it under 140 lip movements. >> it was you. >> here is what's coming up straight ahead. unmute steve. >> meet the democrat mayor from new jersey who told feds, take your godless ceremony elsewhere. why he refuses to remove prayer from a citizenship ceremony. he joins us live, coming up next. plus, bittersweet news for all of your chocolate and wine lovers out there. truth about the health benefits may be a little sugar coated. >> back to beer. >> something to whine about.

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citizenship shoney becoming a battle ground over religious freedom. >> the democratic mayor of new jersey pulling the plug on the federal naturalization function when the government told the city they couldn't allow an opening prayer at the event, even though it's been a town tradition since it was founded. >> that's right. the mayor joining us this morning. so this is actually a strong stand that you took here when you were asked six months ago. what happened? >> about six months ago, the federal government, immigration

naturalization services asked if we would host a swearing in ceremony and we were thrilled. this is a densely populated community, but a melting pot. we have a lot of new immigrants, always have. we thought it would be a nice opportunity to really host this swearing in and highlight the diversity in the town. >> sure. and things were going along great until? >> things were going fantastic. we had exchanged the agenda and the program. all of a sudden this past tuesday, we get a call and e-mail from immigration. they said you have to remove prayer and the moment of silence from the agenda. they said it cannot be part of any federal program. >> did you think we were joking? >> yeah, there was some communication back and forth. i said this doesn't make sense, especially in light of the recent supreme court ruling. we shot back, no, it's going to be part of it. they said it cannot be on the agenda and part of the program. i said take your ceremony somewhere else. >> and they did? >> and they did. carteret is a very diverse community. lots of brick and mortar

religions. we've always respected one another and respected everyone's faith. >> and in the town square, you got a christmas tree. >> we do. >> there is a public menorah. >> we do a menorah lighting in front of city hall and a christmas tree lighting at our main park. >> you open ceremonies with a prayer. >> we certainly do. from our veterans day services, memorial day services, any public event, even our council meetings open up with a moment of silent prayer. >> so this is important to you. it's important to carteret. why? >> it's certainly important to our community because it's faith based community. it's infringement upon our first amendment rights to have a prayer. >> did you have any interaction with the immigrants, new immigrants? >> we did not. i'm told from the feds there would have been a few from carteret. >> what was the general reaction? >> the reaction from the feds was that they would simply move the meeting if we wouldn't allow it to be hosted. the residents overwhelmingly support the idea of letting them go somewhere else. this is a god fearing community. >> so they moved it to the

federal building in newark, 20 miles or so away. wasn't int. it's clear what they missed. they didn't start with the prayer as you would have liked. why do you think they do this? >> we raised that and they took the position that even in light of the supreme court decision, that it doesn't apply to federal agencies. they said they don't want to offend anybody. i don't understand. if you didn't want to participate in the prayer, you can sit there quietly or stand quietly. >> i don't get that. the house of representatives opens with a chaplain reading a prayer. >> ironically, the oath that they take to become a citizen acknowledges god and they recite the pledge of allegiance. >> what about critics who say you lost out on an opportunity here? what do you say? >> that's find. we're happy to have them go somewhere else. >> thanks so much for joining us. >> thank you. >> good for you. 18 minutes after the hour. up next on this show, a marine back from afghanistan for two weeks to escort his little sister to the prom. the school says no way.

we'll tell you why. >> what? then he looks like prince harry, doesn't he? talks like prince harry. who is this guy? ♪ ♪ woman: this is not exactly what i expected. man: definitely more murdery than the reviews said. captain obvious: this is a creepy room. man: oh hey, captain obvious. captain obvious: you should have used hotels.com. their genuine guest reviews are written by guests who have genuinely stayed there. instead of people who lie on the internet. son: look, a finger. captain: that's unsettling. man: you think? captain: all the time. except when i sleep. which i would not do here. hotels.com would have mentioned the finger.

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time for news by the numbers. first, $58 billion. that's how much democratic governors have increased taxes since 2011. 58 billion. republican governors have signed over $36 billion worth of tax cuts during the same time.

next, zero. that's the number of years that will be added to your life by eating chocolate and drinking wine. researchers failed to find any evidence that there was an ingredient found in the skin of red grapes and in chocolate is linked to a longer life. and finally, $35 million. that's how much you're going to need to buy the house made famous by al pacino in the movie "scar face". 10,000 square foot mansion sits on ten acres in california. not in florida as was where scar face lived. you could call it a royal hoax. >> oh, my god. >> is that who i think it is? >> we're thinking, who is this guy? >> we had a bunch of theories. one was an actor. up with was an athlete. and the obvious one was that

he's prince harry. >> well, obviously it's fox use they reality show "i want to marry harry". the prince is just a look alike. how do we know? he's here and he looks like him. joining us right now. >> matt hicks. not harry. good morning to you. >> thanks for having me. >> how long have people told you, you know, you kind of look like prince harry? >> mainly the last five or six years. >> all right. >> not very long. >> that's how you got the job on fox? >> they found you, right? >> yeah. i had some pictures on a look alike web site and i've done a few tiny jobs. >> here. turn this way because here, look at that. >> i never seen him with a beard. >> doesn't seem like you need a makeover. you went through training to learn the personal behavior and also other things. >> not so much personal behavior, but i had to learn his military career, scandals, ex girlfriends, his schooling, his

hobbies. when i was dating these girls, i had something to talk about. >> he's had an interesting life to look up. >> yeah. >> he managed to live like a normal person and royalty. >> right. and the information was pretty public so you had to get it right. >> i think i might have slipped a few times. >> so the girls didn't know. were they told okay. it's prince harry? >> they were brought over and they were told it was anglin bachelor. >> we have the meeting where your face was revealed, but they never said, ladies and gentlemen, here is prince harry. >> they just said this. >> we'll have to save that for another time. >> we'll find out more later. >> hopefully if you stick around for a while. >> so in the beginning, you were wearing the mask and then you revealed your face. you never came out and said, i'm prince harry. the producers never said i'm prince harry. the girls kind of put it

together, right? >> yeah. they were left to come to their own assumptions. >> you never own up to it? >> i never confirm who i am. >> sure. >> at the end of this, what does the girl get? >> you? >> there you go. >> fake harry, every week another girl is knocked out of the cast, right? >> yes. >> at the end, it's you and this -- >> and the final lady. >> and then is there -- aside from you, is there cash? >> i believe there was a prize at the end for the lady. >> normally a relationship built on a stack of lies would would not be off on the right foot. hi, i'm choosing you, now let me tell you who i really am. >> yeah. and let's go from there. >> start with an i'm sorry. >> got to be really sorry. >> is there somebody in there for you that you saw already? is there potential? >> there is potential. there were some cool girls on the show. >> i want to watch.

>> tune in today. >> thank you very much. >> he talks in riddles. >> in real life, you work for an environmental company? >> a little different. >> the last episode they fracked the whole time. >> i can't wait to see it. >> environmental joke. >> coming up straight ahead. >> check this out. road rage caught on camera. this is two women. what sparked this fight? it went absolutely out of control. >> is that jay-z and beyonce's sister. he's the world's most recognizable super hero. we're talking about superman this morningful the son of christopher reeve is here with a big announcement. ♪ ♪ vo: once upon a time there was a boy who traveled to a faraway place

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smoking with chantix. for 33 years i chose to keep smoking... ...because it was easier to smoke than it was to quit. along with support, chantix (varenicline) is proven to help people quit smoking. it's a non-nicotine pill. chantix reduced the urge for me to smoke. it actually caught me by surprise. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it.

if you develop these, stop chantix and see your doctor right away as some could be life threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. i did not know what it was like to be a non-smoker. but i do now. ask your doctor if chantix is right for you. dr. dre got $3 billion from apple. he's actually the first doctor to make any money since obamacare passed. >> unrelated. that's funny stuff. thanks very much for joining us on this tuesday. we turn now to heather nauert who has the headlines. >> good morning to you. we're watching a story coming out of new hampshire. this is quite an explosion to show you. a massive explosion blows the

front off a home in new hampshire. look at that right there. that blast happening moments after a police officer was shot and killed after he responded to a domestic disturbance call at that house which is part of a duplex yesterday. police believe that the suspected gunman was 47-year-old michael nolan and they believe he was killed in that blast. nolan lived at home with his 86-year-old father who was taken to the hospital to be checked out. one other person was hurt. we'll keep you posted on any new developments as we get them. a fight over fouls in miami sent one guy to jail and another to the hospital. if began when 55-year-old quentin putnam was asked by a neighbor not to feed the ducks roaming around their neighborhood. the neighbor, david lawn, claims it's not the first time he's made this request after minutes of arguing, putnam started throwing punches. >> he's on top of me and he's pounding me with the heel of his

hand. my back, my neck, my head. >> putnam is now facing a felony event and ordered to stay away 50 feet from the other guy. he put his own life on the line to save his fellow soldiers during an ambush in afghanistan in 2007. just a few hours from now, u.s. army sergeant kyle white will be given the nation's highest military honor, the medal of honor. the 27-year-old was on "fox & friends" on sunday. take a listen to this. >> you don't think about what you're doing, especially in that moment with that much fire coming in. your adrenaline is pumping. all you know is you have a fallen comrade out there who needs your help. >> six american heros died that day. a marine is back from afghanistan for two weeks to escort his little sister to prom. but the school ends up turning him away? >> i would not be going inside the prom. i was just going to be escorting

my little sister on the senior walk and they said i could not do that because i was also not a student at the school. >> oh, come on. robert addison says there are no hard feelings for the high school, which he attended as well. school officials blame the incident on an unfortunate miscommunication. such a shame. those are your headlines. let's head over to maria for a check of the weather. >> good to see you. i want to take a look at a cold front that's moving eastward today across the country and it is bringing areas of rain, from texas up into parts of indiana and also illinois. with this system, we are going to be seeing some areas of heavy rain and the potential for flash flooding across western parts of the gulf of mexico, with some areas potentially seeing more than six inches of rainfall in a very short amount of time over the next several days, so that is a concern for flash flooding. the risk for severe storms also in place, from mississippi into southern parts of the state of ohio. if you live in cincinnati, nashville, hem fix heads up.

-- memphis, heads up. temperature wise, it's below average in terms of high temperatures. look at denver. your high today, just 51. in the 50s in rapid city, minneapolis. ahead of the system, very warm. making it into the 90s this afternoon in parts of north carolina. now let's head over to elisabeth. >> he is the world's first and most recognizable super hero. ♪ ♪ >> just a bit later today, superman hall of heros will be honoring the everyday heros in the name of superman. joining us now david burke, paraolympic gold medalist and matthew reeve who will accept it on behalf of his father, christopher reeve. we are so honored to have you here today. this has to mean so much to each

and every one of you. ten inductees at 11:00 o'clock, exceptional, just backgrounds that you have, strength and diligence. i want to start with you accepting on behalf of your father. surely the ultimate superman. what would it mean to him? what does it mean to you to be accepting on behalf of your dad today? >> he'd be particularly given the caliber of the other inductees. he'd be greatly honored. it's astonishing that 35 years later after that his performance still resonates with people. more so for the courage and bravery he showed after his accident. >> absolutely. decades deep the loyalty goes for their ultimate superman there and super hero. i would like to see centuries as we move forward, congratulations >> thank you. >> when i think about your accomplishments, unbelievable. summer and winter olympics you

medalled there for paraolympics. when you reach this moment today to be honored in this way, it has to almost mean as much as the gold. >> it's up there. i've had a loft pinch me moments in life. when i got the invitation for the superman hall of heros, it's that moment you just -- is this my life? and i'm in such good company. we had a little cocktail dinner last night and i got to meet the other inductees and so honored and privileged to be part of this. >> oh, my gosh. they are overjoyed to have you. david, your work in the kitchen is incredible. the cheffery, everyone enjoy what is you do. but what you do outside of the kitchen is pretty great. you've been helping communities for a long time and kids who are hungry. what you did after hurricane sandy in terms of getting help out there was wildly noted i think among the communities there. what does it mean to you? >> first of all, it's a great honor to be inducted into this

and especially the inaugural one. we got to meet each other last night, very inspirational. it's great to be recognized for doing something that helps other people. i'm fortunate, i cook and i have food and i have access to food and trucks and things like that. so to be able to help out in hurricane sandy, which is where i grew up, was a natural. i think helping i get a lot -- a joy out of being able to help as i do feeding someone in a fine dining restaurant. i think helping people that can't necessarily get food on their own table is a real pleasure for me. >> it certainly did help a lot of people. i love the idea that this is about inspiring others through what you do in your community and really working to help others. i know your foundation has worked to help those overcome adversity. you have overcome adversity. you've helped during times of adversity and people can nominate, correct, through father's day.

is that right? >> right. it's an on line gift giving portal where people can nominate someone who they admire for bravery, generosity, what have you, and say thank you to their own personal heros. they create a submission and it's a way to say thank you and appreciation. >> sure. thank you to all of you and the inductees today later on at 11:00 a.m., we'll get to see the real heros. don't forget to nominate yours. and our hearts are with your family always. love what you've done. >> thank you. coming up, same drug, same company. now a dying boy being denied the drug that could save his life. peter johnson, jr. here with the details on that latest fight. lurks no love in this elevator. what caused beyonce's sister to flip out on hip-hop mogul jay-z. no hero award there.

first, time for today's trivia question. born on this date in 1950, this musician was signed by motown record label where -- when he was just 11 years old. who is he? be the first to e-mail us with the correct answer [male announcer] ortho crime files. disturbing the pantry. a house, under siege. say helto home defense max. kills bugs inside and prevents new ones for up to a year. ortho home defense max. get order. get ortho®.

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(announcer) from the company that invented litter, comes litter re-invented. (woman) hey! toss me that litter! (announcer) tidy cats lightweight. all the strength, half the weight. some of your headlines. it's called the caught on camera edition. this shocking freeway crash now being investigated as possible road rage between two gals. california's highway patrol is using dash cam video to determine if the black pick up truck intentionally swerved into the other car or lost control

while lashing out at the other driver. and the video everyone is talking about. beyonce's sister punching and kicking brother-in-law jay-z in an elevator as a body guard holds her back. the celebrities have not responded. the standard hotel in new york city blasted whoever leaked that video, saying, quote, shocked and disappointed that there was a clear breach of our security system. timoney geithner denied that quote. steve? >> all right. same drug, same company, now a different dying boy being denied the compassionate use that could save his life. fox news legal analyst peter johnson, jr. has this story. >> i think all americans need to hear this this morning. 21 month old boy with leukemia at john hopkins center is the latest child begging for a life saving drug from the same company which refused to provide it in the past. you may remember the drug company from the case of josh hearty covered here on fox which repeatedly refused to provide

that dying boy with a drug and that's been shown to treat the virus which can be deadly. the company received $70 million in federal money to develop the drug. they finally relented and gave josh the drug under a new pilot program. josh is out of the hospital today and his mother says he's growing stronger every day. the company's stock rose after the controversy, and said a compassionate use company to help people who can benefit from the drug was too expensive. now they initially refused to provide again compassionate use or a spot in the national trial to baby judson of lockwood, new york, who is suffering from the virus and is currently on a ventilator at johns hopkins. tammy shepherd's grandmother spoke to me from the icu last night and told me the baby has been battling leukemia since he was six months old. he said he's touch and go.

this drug is his only hope and said a team of doctors and nurses were rushing to his bedside as we spoke. judson's family originally told he could not receive treatment at johns hopkins because it was not part of the trial. now after our calls to the company, they may be changing their mind. about an hour ago, i just received this statement from the company. there are currently ten clinical sites partnering in the trial across the u.s. all of which have agreed to accept pediatric and adult patients transferred to these locations. from our ongoing communications with this young patient's physicians and administrators at johns hopkins over the last several days, we believe he may be eligible to participate in the trial. we submitted an additional list of questions last night which the company has so far refused to answer. >> that's quite a story. so for folks watching, we had this other case, josh hardy, a while back and you helped him

get the drugs that saved his life through that company. >> same company and same drug. >> and the same circumstances. compassionate use. so now suddenly after you called, they go, oh, maybe we could -- it seems to me that there ought to be a better system other than the threat of dragging a company on to television to these people the drugs they need. >> i think that's why we're talk being it. this is an inherently unfair process. one at the drug company level. two at the f.d.a. people should not be having to call me at 8:00 o'clock at night to say, my grandson is dying and this drug company will not act. and they've done this same routine in the very, very past. there is an inherent instability, a confusion, a lack of reliability in terms of getting the drugs that we need. this one particular company, they decided, we don't want to spend money on a compassionate use program. and after days of discussion

here on fox and on social media, they said oh, we're going to set up a pilot program. but they would not let this boy and they still have not let this boy, judson, from lockwood, new york, 21 months old, dying of leukemia and this virus into this program. they say we may let him into this program after we called last night. people should not have to be put to those kind of steps to call up legal correspondents on television to get their children the medications that are available and should be available under compassionate use. >> it's crazy that they would -- this boy is adorable. >> he is. >> it's crazy that the company would say, we don't have the money for those programs. they have $70 million worth of federal dollars, right? >> they got $70 million. do they have a corporate obligation? no. do they have a moral obligation as an american company? yes. if you're interested in this issue, you can go to www.foxandfriends.com, the family asked we put up a petition asking the company to

provide the life saving drug for this little boy, judson. this is an incredible story. we're going to talk more about the f.d.a. and companies like this and how and why you should get the drugs that you and your family need. >> i'm glad you brought this to our attention. peter johnson, jr., america's lawyer. >> thank you. straight ahead, are you a recent college graduate or about to get your degree? good news, more than half the employers want to hire you. cheryl casone with the companies you need to apply to. she's already got a job, by the way. but first on this date in 1607, jamestown, virginia verge was settled as colony of england. in 1999, rickey martin had this song that we were all living to. "la vida loca." ♪ ♪ good job! still runnng in the morning? yeah.

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>> time for the answer to today's trivia question. it is stevie wonder and our winner is cindy from fulton, missouri. you'll get a copy of brian's book. "george washington's secret six." a great read there. speaking of that fantastic guy, we have some stories coming up before we see him. driving is not safe for pregnant women. a new study showing women in their second trimester are more likely to get into a car crash while they are pregnant than in the years before. researchers attribute this to fatigue, nausea and anxiety. wi-fi in your car. for $5 a day, owners can access it through on star. at & t will handle this connection. it's big gamble for gm, especially since most of us connect while riding in vehicles any

anyway. hey, class of 2014, we have good news for you. a career builder study found that 57% of employers plan to hire new college graduates this year. up 53% from last year. here with the details on those companies, cheryl casone. before you take your graduation robe off, let's pick up the phone and make a call to enterprise? >> i mentioned this company. they own enterprise and alamo and own national. they have a really good managementogram. you're probably thinking, i have a business degree. why do i want to work at enterprise? >> because this is a company that will train you, give you great skills, promote from within. you get paid while you learn management skills. it's actually a really good company. they're looking for interns, 1500. but 8500 college grads. that first trip out of college, a company like enterprise is a smart move. >> especially if their training programs are respected by other

companies. >> price water house? >> one of the big four. accounting. accounting companies are great for recent grads, especially if you have a tax degree, accounting degree, a degree in business or finance. really good company. pricewaterhouse. 4900 full-time jobs, 4100 interns for 2014. >> two of my friends had that job out of college, have never let go of it. it's a great company. at & t, i believe it's phone company. >> yes. you probably heard. second largest provider. telephone, mobile phones in the country. 1200 student grads they're looking to hire. technical jobs, business sales jobs, retail managers. if you have a technology degree, engineering degree, a business degree, computer science, data science, engineering, any of that, great stuff. we're talking about working for the company, development, things like that. >> if you graduate without a good gpa and they ask you, just change the subject. >> golden corral. >> 500 restaurants, 41 states.

they need managers. i have know what you're thinking. but if you have a hospitality degree, this is a great move for you. again, management experience. you can make 44 grand right out of the gate if you're right out of college. you got those student loans. you got to pay them off. don't live in the basement. they need managers. 500 jobs. >> get more grilled chicken and hurry up. accentuer. >> this is management consulting, technology. you're thinking, consultant, what can i consult when i'm right out of college? actually they like to train, promote from within. they need people to have technology degrees. they're looking for about 1,000 people now. this is all entry level, but it's a great company, especially if you have digital experience, text, things like that on your resume as well. these are all good companies today. >> even if i don't get out quick, you'll have morning anchor, there is an opening if i don't get out right away. thanks so much. i appreciate it. coming up, the white house

told him to lie. that's the claim in timothy geithner's new memoir which he now denies. doesn't he believe his own book? laura ingraham is here. she read the book without her lips moving. xieúxieú, hou chiú but like up to 90% of americans, jim falls short in getting important nutrients from food alone. making jim more like us. add one a day multivitamins, rich in key nutrients you may need. wheyou know what he brings?les rep steve hatfield the ready for you alert, the second his room is ready. any questions? can i get an a, steve? yes! three a's! he brings his a-game! the ready for you alert, only at laquinta.com!

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good morning. it's tuesday, may 13. i'm elisabeth hasselbeck. a fox news alert. breaking at this hour, a mine collapse in west virginia turning deadly. we have the developing details on that straight ahead. then the white house told him to go out and lie on tv. that's a claim in timothy geithner's new memoir. now the former treasury secretary says he doesn't even believe his own book. great. laura ingraham is going to help us dissect the web of lies. >> that could hurt sales. he's got one of the most famous voices in america. >> thank you and hello again, everybody. welcome to america's top ten. >> this morning casey kasem is nowhere to be found. the latest in the search for the ailing radio star.

according to most reports, tuesdays and every day are better with friends. >> this is tommy lasorda. you are watching "fox & friends." >> wow. what a show. >> thanks, tommy. long time friend of the program. doing a little voiceover work for us. >> right. he gets paid well for that. handsomely. he insists on it. >> it's the dirty little secret. every time we have someone famous, we say before you go, would you mind saying it? and we have a million of those. >> you both are recognizing them off the bat than i am. >> the part where he said, i'm tommy lasorda -- >> that should have clued me right in. >> right. you will have to jerome bettis. >> no, i'm not. >> i just saw him in the green room and governor pence. laura ingraham in just a second. >> but not quiet.

you know what's crazy about jerome -- >> the last time we met, 'cause my husband gets to spend some time with him at work. we met at the super bowl with the steelers. >> oh, yeah. he was actually playing? >> yeah. at the time, i was a serious seahawk fan, so it didn't go well. >> because your brother-in-law was on the other team. >> two minutes after the top of the hour. heather nauert has breaking news. >> yeah. we've been following this story through the night and into the morning. we have an update. moments ago, i got off the phone with the state police and they have confirmed to fox news that two coal miners died after an underground mine collapse in boon county, west virginia. that's in western part of the state. this collapse happening about 10:30 p.m. last night. it's not clear what caused that collapse. the latest safety review in 2013 discovered 250 violations concerning miners' safety and

health. we can confirm two dead. we'll bring you the latest as we get it. his iconic voice heard on the air for decades and decades. >> thank you and hello again, everybody. welcome to america's top ten. >> but this morning, casey kasem's children say he's now missing. a judge now ordering an investigation into the radio legend's disappearance. he also appointed kasem's daughter as his temporary conservator. >> my dad was snatched out of the facility he was staying at. >> jean is their stepmother and this is the part of a long-running battle between his children and their stepmom. they're fighting over access to their father who suffers from advanced parkinson's disease and we're told can no longer speak. it's believed he might be at an indian reservation in washington state. we'll keep watching that story. hundreds of people could now be at risk after a second case of the deadly mers virus is discovered in the united states. a man visiting florida is now

being treated for the respiratory illness. this case and the first one which was identified recently in indiana are connected to saudi arabia. that's where the virus originated. doctors say neither case is considered severe, but they're warning an estimated 500 people who are on flights with these two patients to get checked out. and then there is an atheist group that's demanding an atheist chaplain in the military. the military association of atheists claims more atheists are enlisting in the military, so they need somewhere to go for support. now the department of defense is considering a change. is this political correctness gone too far? judge andrew napolitano weighed in earlier today. >> atheism is not a religion. it doesn't sit within any of the definitions of federal statutes of circumstances under which the federal government has to provide this. this is political correctness gone crazy. >> the military association of atheists, there is such a

group -- is meeting with the defense department to talk about appointing a president for that position. and those are your headlines. one story we're following is that west virginia mine collapse, we'll keep you posted as we learn more. >> thanks for doing the work on the phone. meanwhile, your e-mail and tweets have been pouring in. this is what you have to say about that atheist chaplain. timothy writes chaplains in the military are officers and required to possess a theology. what degree would an atheist chaplain be required to have? >> bill says any member of the military can meet with any chaplain at pretty much any time. the judge is right. this is more time wasting insanity. >> go back to your seat and don't say a hail mary. and wr jones tweet, what's next? a car dealer who sells bus tickets? thanks for all of your responses. we appreciate it.

laura ingraham joins us. you will not have to weigh in on the atheist story. >> unless you will to. >> guys, look, it doesn't surprise me at all. christians, faithful christians found themselves in the crosshairs in our military, in our culture. we saw what transpired last night at harvard. at the last minute, of course, power to the faithful, the thing was moved. the heretical was moved off campus. that's the last group that you can attack, demean, denigrate, discriminate against with impunity. i think christians and people of faith are starting to stand up and say no, you won't. we have rights, too. i'm glad about that. friends of mine were at the protest last night at harvard. they were sending me photos of the mass that took place in protest to venerate the host and communion. it was 2,000 people. so i think it has a boomerang effect. the faithful come out and say,

no, we will stand up for our religious rights. i think people across the country, whether you're jewish or christian or even muslim, you want to stand up for your religious rights, do so. we still have a country that's supposed to respect religious freedom and we need to all remember that and stand up for our rights. >> amen to that. >> so listen, laura ingraham, when you write your biography, make sure when you do your book tour you deny most of the quotes in it. that's the kind of stuff that treasury secretary is off to. listen to what he's quoted as saying in his own book. it is authorize the biography. he says, i remember during one prep session before i appeared on the sunday shows, i objected when dan pheiffer wanted me to say social security did not contribute to the deficit, it wasn't a main driver of our future deficit, but it did contribute. pheiffer said the line was a dog whistle to the left, a phrase i had never heard before. he had to explain to me what it hadn't, signaling that we intended to protect social security. >> a couple of things there, guys. number one, we now know that the

left considers its base a bunch of unruly canines, dog whistle blower. they look down at their base, number one. in these biographies, do you recognize a trend here? the author, or the subject of the biography always comes off in the best possible light. tim geithner, well, i objected to this and i thought this was bad. well, if this was actually going on in the white house, i don't deny it was, i think it probably was given what else they said about obamacare and the recovery and so forth. but didn't tim geithner as a public servant have a duty to actually resign at that point or go to the american people and say, you know something? i'm being asked to say things that are actually untrue and i'm not going to do it because i actually believe in ultimate truths and the truth is social security is a driver of our debt and we're in real trouble when it comes to funding social security. but instead what he does is he

stays in office, stays in the cabinet. then he allows this book to be written and he comes out with this book and we're supposed to say oh, tim guy geithner, you're really a stand up guy. i think these people whose salaries we pay have a duty to the people, not to dan pheiffer or the president of the united states. their duty is to the taxpayers who pay their salaries and tim geithner on this issue should have actually come forward and said something at the time. >> sure. you know what? by that statement, susan rice, who was told just exactly the same way. she was told go out there and say it was the video. he was told go out there and lie on tv. they were both told to lie on tv. by that measure, susan rice should say, laura ingraham has got a good point. >> would you do it? if someone said to me, i want you to go out there -- this isn't really true, but we want to tamp down this benghazi deal. yeah, it's going to look bad for us and our base. they're going to get pavlovian

on us. i would say you better find someone else to do this dirty work. >> we have a conscience, right? >> right. >> you have to have a conscience to be able to do that. >> right. this is why americans in both parties have ultimate cynicism when it comes to washington. they don't believe republicans. they don't believe democrats. there are so few people who seem to have honor in our government, on capitol hill, and in the executive branch that it's a rarity when we have someone say i'm not going to do this. i don't agree with everything they're saying, but they're actually telling me to say something that is untrue and i can't do that. i think i would stand up and applaud if any individual did that today. >> while we have you fired up, i want to ask you about immigration and customs enforcement releasing 36,000 convicted criminals awaiting deportation convictions, drunk driving, be a straighted sexual assault, homicide here, your thoughts? >> the president is set to

announce a policy that will relax deportation and clarify deportation rules in the united states. we have people who committed dui and then went on to rape children. you have to google it and you'll see all these examples of why illegal immigration is not a, quote, victimless crime. we hear about the dreamers. dreamers are all valedictorians, okay, fine. what about the people who are 27-year-olds raping three-year-olds after being convicted of a dui? i think republicans and democrats should stand up for the people of this country who are often victims of these crimes. >> it shows what a great risk it is for the president to do this because if that does happen, we hope it doesn't, you know exactly where all fingers will point. >> you'll talk about that on your radio show in about 50 minutes from right now all across the country. thank you very much. >> thanks, guys. coming up, another day, another veteran affairs hospital called out for delaying health care to our nation's heros. where exactly is the president

on this? didn't he promise to fix that problem? then if you oppose common core, you're probably a far right extremist trying to destroy public schools. huh? that's what was said by one group. indiana governor mike pence just got rid of the curriculum and joins us live to weigh in. answer the governor, who is your governor. >> i like that. ♪ ♪ help keep teeth clean and breath fresh with beneful healthy smile snacks. with soft meaty centers and teeth cleaning texture,it's dental that tastes so good. beneful healthy smile food and snacks.

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distinctions they've earned in life there's a higher standard of home care. brightstar care. from care teams led by registered nurses to unmatched care expertise brightstar care offers home care you can trust, 24 hours a day, 7 days a week. your loved one deserves care that's nothing less than extraordinary because they've earned it. for a complimentary in-home assessment, call brightstar care today at 866-621-0228 if you oppose the common core click couple, you're probably a right wing extremist trying to destroy public school. that according to a new report by the southern poverty law center. they claim, quote, the disinformation campaign is being driven by the likes of fox news, john birch society, tea party factions and the christian

right. well, they're wrong. the state of indiana was the first state to drop the common core and joining us right now is the man who made that happen. the governor of the great state of indiana, mike pence, good morning to you. >> good morning. >> what do you think about that criticism? >> it's just unfortunate. the reality is throughout my public career, like i think most americans, i've always believed that education is a state and local function and the federal department of education was created by president jimmy carter. while 45 states just a few years back adopted the national standards known as the common core, we've got millions of americans that have been rising up and being heard, including in indiana and saying look, we want to right our standards and write our curriculum and choose our textbooks in our own state. i'm proud of the fact that indiana was the first state in the union to legally withdraw from common core and go through the process of writing our own standards. >> what is it about common core you don't like?

>> well, at the core of it, if you will, is my objection to the notion that the standards that are written for hoosier kids and hoosier schools were crafted somewhere other than indiana. look, part of the genius of the american experiment is that the states throughout our nation's history have been laboratories of innovation and been able to style policies like we have in indiana that deal with the unique populations and unique challenges. there are some things obviously, kids in first grade need to know certain levels of math and we have a gateway exam for kids to be able to learn to read before they can go on. so there are some things that are, in fact, a minimum standard. but i wanted standards in indiana to be written by hoosiers for hoosiers and to be uncommonly high and we went through the process and accomplished that on our own.

>> good for you. you're the first state to do it. as governor, i want to get your reaction to this, since 2011, governors of states who are democrats have enacted over $58 billion worth of tax increases. meanwhile, as you can see screen right, $36 billion of cuts to taxes by republicans. >> i think we've heard that before. >> it sounds like one party wants to raise your taxes and the other party wants to lower them. >> it explains why in 29 states led by republican governors, you're seeing the kind of growth that we're seeing. i'm proud that indiana has the lowest unemployment rate in the midwest. we've been able to pass balanced budgets, have strong reserves, invest increased funding in roads and schools and education innovation. but since i was elected governor, we've also passed some $650 million in annual tax relief. and all of that creates an environment where we're seeing

real growth in indiana. we got one of the fastest growing labor forces in the country, unemployment is on the downward trend and more hoosiers are going back to work. i think the american people can see a real contrast here between republican-led states and states led by democrat governors that are more inclined than ever it seems to raise taxes and grow government. >> that's one of the reasons you're in new york city. you're talking to different businesses with relocating to your state, which would be great for your state. >> when i'm in new york, we love to tell new yorkers, if you can make it here, you can make a lot more in indiana. >> i like that. that's catchy. what about your future? i know you were elected governor in 2013? >> 2012. took office in 2013. >> that's exactly right. so what's next for mike pence? are you thinking of another run for governor? are you thinking maybe something in washington, d.c. over on pennsylvania? >> steve, i have to tell you,

having been elected governor of the state that i love is the greatest honor of my life. it's consumed all of our attention and while i've read recently some people have talked about me and other things, i'm going to stay completely focused on the future of the people of indiana because this is an extraordinary time in the life of our state. i just have to tell you. look at indiana where we have balanced budgets, we're a right to work state, we're lowering taxes even while we're investing in infrastructure and education innovation. it's one of the reasons we had the lowest unemployment rate in the midwest, fastest growing work force. >> that's why he's the governor! he knows the story. >> indiana is on the move. i'll stay focused on the future of the state of indiana. let my future take care of itself. >> thank you very much. >> thank you, steve. >> good luck to you. it's now 20 minutes after the top of the hour. switching gears, coming up, no tackle football here. 7th graders forced to play flag football over safety concerns. is this just the woosification

of america? jerome bettis here live. take him out. no, i'm kidding what needs to be done. ! do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long- term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to you doctor.

now time for headlines on this tuesday morning. clay aiken is now the democratic congressional candidate for north carolina in his district because his opponent, dead. 71-year-old keith krisco died after a fall inside his house. before his death, the primary battle with aiken was too close to call. and forget the moon. nasa now ready to land people on an asteroid. like that movie. astronauts started training, but the mission won't take place until after the year 2020.

let's go outside to the bus stop. >> as you know, elisabeth, jerome bettis is one of our great friends. he's going to talk about asthma and allergies. first things first. in football, the draft is over. let's talk about the future of the game. talk about head injuries and health. in 7th graders in texas, east texas, the whole school district says this is too rough. i don't want kids getting hurt. no more tackle. they're playing flag. >> in texas. >> the state that covets football. you have to understand the concern is that real. i understand that. i grew up playing flag football. i didn't play tackle football until high school. ninth grade. so i understand that you can still have a successful nfl career playing flag football. but more importantly than that, it's the concern i think with parents about their children.

children have long-term issues dealing with concussions. >> the demand for the sport is still there. you have over 100 million people watching the super bowl. something you're familiar with. even though it pained me at the time, i love you and so happy for the steelers now. but you have people wanting to watch the sport and parents who love the sport and kids want to play the sport. but we want to keep them safe. shouldn't we be working on ways to keep them safe, better means of tackling, better methods, so they don't get concussions? >> lieutenantly. i think that's what's happening now. you see the big push, especially with the nfl, in terms of educating the coaches. teaching the coaches the proper way to show kids how to tackle and teach kids how to tackle and play the game. i think that's the natural progression of how this is going to work. now you have to go back to education because that's the key in this process. educate the parents, the coaches on what they need to do and i think that's how it starts. >> there is something else you want to educate everyone on and that has to do with saving

lives. we're talking about concussions and long-term, but also allergies. you have an allergy. >> i have a shell fish allergy. it's life-threatening. a lot of people don't understand what anaphylaxis is. it's an allergic reaction. if you have an allergic reaction that is so much that it could be life-threatening. so that's why there is a new device that's available. >> hold it up. >> it's an auto injector that has audio and visual cues. when you pull it out of the sleeve, it talks to you. >> it does. i actually -- we witnessed our friends using this on one of their kids, saved their life. it's automatic. it tells you what to do. true life saver. >> it is. you can get more information on their web site. we've got a new program that is called what's your hey q. trying to educate, get people

educated about anaphylaxis. >> the thing is, in certain passing situations, they pull you out. i want to make it known on our team, you're always in the game. as we talk to steve, could i send you into motion or could elisabeth send knew motion -- send you into motion? >> absolutely. >> jerome bettis will break tackles all the way through broadway. do not try to tackle him. he does not go down easily. >> brian and elisabeth and jerome, thank you very much. coming up next on our show on this tuesday, no love in this elevator. beyonce's sister attacks her brother-in-law, jay-z. how did that video get out? who took the picture of the picture? now the hotel is responding. smack down. and is on line flirting

considered cheating? a judge says yes. it's grounds for divorce. is this legal insanity? arthur aidala, dr. keith ablow take on brian

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some political news. during his visit to the white house today, the president of uruguay lectured president obama about the dangers of smoking. then when obama said oh, i quit, hillary clinton ran past him into the oval office. >> that easy. funny stuff. what's that guy's name? >> seth myers on late night. >> they all look alike. >> 27 minutes before the top of the hour. still a lot of show left. >> that's right. someone who doesn't look like anybody else, heather nauert. >> thanks. good morning. got news to bring you. we talked about this story out of harvard university the past few days. good defeating evil on the campus of harvard. a student group satanic black mass that was to be planned for last night was canceled after locals became outraged by it. members of the cultural studies

club said they wanted to move the mass, but couldn't find a new location. christian students say they were relieved it was called off, but still can't believe the college would allow this in the first place. listen here. >> as members of the university, i'm just ashamed that in an environment that's otherwise committed to intellectual free tom, but also to civility would be allowing such a hateful event to happen. >> the group claim the mass was a historic satanic reenactment and that it was meant to be educational. beyonce and jay-z all smiles sitting court side at the game last night hours after this explosive video surfaced that is getting a whole lot of attention this morning. take a look at this. it shows beyonce's sister attacking her brother-in-law in an elevator. the video lasts 3 1/2 minutes. take a look at this. kicks and punches and all kinds of stuff. this happened at a party last week in new york city. you can see as her sister punches and kicks jay-z while a

body guard tries to hold her back. at the end of the clip, beyonce actually pulls them away from one another. they haven't spoken out about this yet. but the standard hotel where this happened blasted the person who leaked the video saying it's, quote, shocked and disappointed that there was a clear breach of our security system. and listen to this, is it the biggest discovery since 1492? one explorer is now saying that he has found christopher columbus' long lost ship, the santa maria. that ship apparently wrecked in a storm off the coast of haiti more than 500 years ago. researchers say they are confident that a full excavation will prove that it is the explorer's actual ship. pretty neat. and just call her a future obstetrician in training. an eight-year-old girl helps deliver her own baby brother. >> are you having contractions?

>> yes, very bad. >> i want you to place the palm of your hand -- >> it's coming out. the baby is out. >> oh, my. crystal snyder went into labor two weeks early. it happens. her daughter heard her screams and called 911. the dispatcher gave the instructions and six minutes later, a healthy baby boy was born. jasmine received a certificate from the hospital nurses for her bravery. how cute is that? look at that little girl. those are your headlines. an eight-year-old. well done. >> no kidding. >> see you later. >> i love that. 24 minutes before the top of the hour on this awfully busy tuesday. we've dispatched maria molina to the streets of new york city where it was a little breezy earlier. >> it's a little breezy out here. it's making it feel chillier. we're in the 60s. but you really need that jacket as you head out the door, at least throughout the morning hours due to the wind here across parts of the northeast. i want to take you farther west where we do have a storm system that's moving eastward and early this morning, it's producing areas of rain, from parts of

texas, up into illinois and there is a concern for some flash flooding. especially across eastern parts of texas and up into parts of arkansas due to the very heavy rain that's coming down. it's going to continue to come down with several inches of rain expected out there. not only today, but tomorrow. tomorrow, you have the risk for severe weather from parts of mississippi, up into ohio, cincinnati, nashville, memphis, jackson. heads up, you could be seeing that severe weather tomorrow, especially during the afternoon and evening hours. temperature wise, above average across the southeast. then 90s in parts of north carolina. cool hyped that storm system. only 50s for you in parts of colorado and new mexico. now let's head over to brian. >> thank you very much. infidelity, a french judge ruled using on line dating web sites while matter isn't only cheating, it's grounds for divorce? the case involves a couple married for 18 years. the wife caught flirting on the internet with a man she never met. but the judge granted the

breakup saying it was the sole fault of the wife who shared intimate photos of herself with a number of men. is this ruling fair or legal insanity? joining us now, dr. keith ablow and arthur aidala, a legal analyst. again, he says he went to school. we'll go on their judgment. >> i got diplomas. >> first off, do you agree with the french on this one? >> it's even easier in the united states of america. you don't even have to go that far. if one of the persons says it's irreconcilable differences that have been going on, the general rule of thumb is more than six months, that's grounds for divorce. it used to be you had to prove you haven't had sex in over a year, adultery, abuse. now it's just like nope, we haven't gotten along in over six months. >> if you're flirting on line, are you cheating? >> absolutely not. >> who raised you, young man! >> when did marriage become about only the romance? that's not a --

>> monogamy? >> taking care of kids, being financial partner, best friends. what 18-year married couple is sending naked photos of themselves to each other? hence, none. hence, it can't be part of the marriage. so how can it be grounds for divorce? >> how about we start the trend that the 15 year wedding anniversary you start sending naked photos to each other? i think that would be helpful. >> that's your friend, my trend. >> it's a good trend! >> there is flirting and then there is flirting. >> this judge said they were naked pictures. >> arthur, with your legal background, are naked pictures back and forth, maybe you're proud of your body. >> okay. it depends. if you're entering a body building contest, then she's proud of it -- what this judge looked at it, he didn't look at it from a fidelity point of view. >> a slippery slope. the bottom line is, look, we're not going to seed reality to technology that quickly in dr. ablow's office.

and couples -- if there is to be fault divorce, i think it should be no fault, this is not the fault. >> okay. thank you. we proved as a society is there is no fault. >> if you leave your spouse over cheating, you never loved the person. >> whoa! wow! hold on. don't let that go. if you leave your spouse over cheating it means you never loved them? >> i wasn't going to let it go. i was going to enhance the conversation. i was not going to leave it there. i can't let it go. this is all i got. one third of divorce litigation is caused by on line affairs. so you're saying that one third of those relationships are based on nothing? >> in my office, if couples come in and say, i'm leaving because she cheated, i say well, good. go. because you never loved her anyhow because if that physical breach is going to make you forget that she gets sick, you're not going to take her to the hospital because you never loved her --

>> listen to this, 46% of men consider their relationships to be infidelity. if you have a female client, you're more apt to have somebody who wants out. >> correct. >> my mother wanted to know, does dr. keith know about your situation? >> we have video. >> what he said is correct. a lot of divorce lawyers ask you before you get divorced, would you give your wife a kidney now if she needed it? you either say i'd give her the kidney or i'm getting divorced. >> bottom line is, i've been married lots of years. infidelity would not crush my marriage because my relationship is made up of more than the physical. >> do both parties feel that way

>> all right. dr. keith -- listen, just you two promise never to agree. >> we hardly ever do. coming up before i get yelled at, another day, another veteran affairs hospital called out for delaying health care to our national heros. where is the president on this? didn't he promise to fix that problem? your e-mails and tweets are pouring in. then she sings the songs we all know and love. country star kellie pickler. she not only is a great singer, a great personality and she just waved to me. it's to me, right? ♪ ♪

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nowchoose one option fromith red lothe wood-fire grill,trios! one signature shrimp dish, and a pasta. all on one plate. three delicious choices. all for $15.99 for a limited time only! come sea food differently today! welcome back. here is what's happening today. three college friends of boston

bombing suspect dzhokhar tsarnaev are in court attempting to get their trials moved out of massachusetts. they are accused of removing incriminating laptop and fireworks from dzhokhar tsarnaev's dorm room following last year's bombing. president obama awarding the medal of honor to army sergeant kyle white. the 27-year-old risked his life to save fellow soldiers during a deadly ambush in afghanistan in 2007. arlington national cemetery will be marking the 150th anniversary of its first burial. descendants of the first soldier buried there will attend a special wreath laying. steve? >> that is in arlington, virginia. here is a story out of durham, north carolina regarding the v.a. hospital there. we've been telling you over the last couple of weeks about the scandal that started in phoenix where they had a secret second list because any time you go in to a v.a. hospital, you've got to get care within 14 days, otherwise there is a problem.

well, another thing down there in durham, two employees have been placed on administrative leave because they, too, did this illegal selling thing. only two we know of obviously this thing is getting bigger and bigger. >> and the big question is, do they need a change at the top or do they need more aggressive management micromanaging down below? a lot of you are weighing in how to fix this and whose head should roll. >> diane said those responsible for mistreating our vets should be jailed. this behavior is disgraceful. >> terry on facebook writes, our government releases illegal immigrants accused of crimes ranging from d.u.i to murder, while imprisoning our veterans in a dysfunctional system. good point. famously, the v.a. hospital, people have talked for years about well, there is a lot of red tape and they got -- some of them lousy customer service. but outright corruption like this? that's shocking. >> yeah.

>> disheartening to think about our nation's heros going and risking their lives to come home and die waiting on a list? >> this is the good place. >> this is supposed to be where we're taking care of them. where is the promise? where is the outrage and where is the accountable and where is the president on this? where is the commander in chief? >> no kidding. >> standing behind general shinseki. we'll see what happens. meanwhile, coming up straight ahead, our final guest of the day. >> she is fantastic. one of country music's finest and this morning she is here live. superstar kellie pickler coming up and there, getting a touch up. >> martha mccallum has been in the chair and is ready to go. >> all touched up and ready to go. good morning. thanks so much. coming up this morning, a bizarre story out of north carolina where the runoff with clay aiken is over because his primary opponent died. we're going to tell that you story. disturbing news about the dangers of releasing some illegal immigrants. and a scuffle in the elevator

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well, her southern charm and big voice captivated the "american idol" audience eight years ago. ♪ oh, baby got to get out ♪ just got to get right out of here ♪ ♪ . >> what a flashback. since then kellie pickler's big win led to a strange of country music hits. but the music competition show still guarantees success for its breakout stars. here to weigh in is kellie pickler herself. >> hello. >> that was a couple hairdos

ago. >> i'm sitting here like whoa, wow. a lot has changed since then. weird to look like that. i feel like an antique idol. >> never. >> you were up and coming. we said it's eight years ago. you confirmed it. you came in sixth place. at that point, you had 20 to 30 million people watching. >> yeah. >> your life would never be the same. now it's down to about 7 million. how much is left. >> which is still a lot of people. >> it's a lot. but how much do you think is left in the franchise with idol, the voice and everything like that? >> there is a lot of reality singing competition shows out there. so i think you just have to find ways to reinvent the show and make it interesting and different than the season before it. >> it sounds like "american idol" is going to be cutting back the number of hours that they broadcast. >> are they? >> yeah, they are. >> for one day. >> they're going to cut it back to 37 hours next year. >> how does that affect the voting? >> that's a good question. as you look in and watch idol, is there something you think maybe they should do this and it

would pep up the ratings? >> i don't know. >> or do you think it's just perfect the way it is? >> i think like i said, there is always room to kind of reinvent. but keep it like it was. of course, i miss sigh -- simon. >> what's this? >> so crazy. >> i remember watching that and loving you then. >> that definitely takes me back for sure. >> this is a chance of a lifetime. >> it was. i've been so blessed. people ask me, what's it like to be on the show like that? for me, i can't complain. it was really the rocket that launched my career. and it enabled me to do what i love, which is be a part of country music. and us be a part of special things and do what i love. >> i love how you're so humble throughout all your success and so thankful for all that and the people who loved you dearly.

i know you have an important message today. your grandma died from lung cancer. >> she did. she was young. she was 66 years old. she was diagnosed with lung cancer in january of 2002 and she died the very next day. so it was very sudden. there she is. that's actually the last picture that we took together before she died. >> now you're getting that message out? >> yes. i was really shocked by that. i think there was 1% of women in america are even aware that lung cancer is the number one cancer killer for women. >> i had no idea. >> i was blown away. it's estimated that more than 72,000 women in the u.s. will die from lung cancer this year. >> terrible statistic. what do you want people to do? >> we need to get everyone rallied up for lung force at lungforce.org, find out how to

get involved and raise awareness. we need to be more educated on how we can prevent this and treat this. longforce.org. >> it's that simple? >> your grandma would be really proud. i know she's looking down, smiling. >> amazing to be part of something like this. obviously near and dear to my heart. so i think it's important. i love to sing, i love the music. but when i'm able to be part of something like this that really matters and helps save people's lives -- >> a lot of people are listening and a lot of people are going on line right now. >> thank you. >> kellie pickler, ladies and gentlemen. >> fame has not changed you at all. a few tattoos, that's it. >> that's it. >> we'll be right back. whatever business you're in, that's the business we're in.

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kellie pickler hanging with us now. tomorrow a former u.s. marshall revealing secrets about the marshall service. you'll be shocked. listen to army rangers. and normal or nuts. >> she'll be in the after the show show. log on right now. >> be yourself. bill: good morning, everybody. we have been watching this story throughout the night. a tragedy in west virginia. at least two people confirmed dead after a mine collapse. two minessers are trapped beneath the rubble. i'm bill hemmer. welcome to america's newsroom. martha: the word is the roof fell in. families rushed in get news of